Home rule -- Ireland; Ireland -- Politics and government
Note, at the outset, that this Federation differed from that of the
United States in being founded on the recognition of an organic relation
with an external suzerain authority--an authority which the Americans
had abjured in framing their independent Republic. In the matter of
constitutional relations with Great Britain, the Dominion of Canada now
assumed, in its collective capacity, the position formerly held by each
individual Province, and still held by Newfoundland. Direct relations
between the individual Provinces of the Federation and the Mother
Country practically ceased, and were replaced by a Federal relation with
the Dominion. Provincial Lieutenant-Governors are appointed by the
Dominion Government acting in the name of the Governor-General, not
directly by the British Government,[75] and, although in constitutional
theory the Crown, as in every least fraction of the Empire, is the sole
and immediate source of executive authority, and an indispensable agent
in all legislation, not only in the Dominion, but in the Provinces,[76]
in actual practice the only organic connection left between a Province
and Great Britain is the right of appeal directly to the King in
Council, that is, to the Judicial Committee of the Privy Council,
without the intervention of the Supreme Court of Canada.
So much for the external relations of the Dominion. In respect to the
domestic relations between the Provinces and the Dominion, the Federal
principle used in Canada is fundamentally the same as that which obtains
in the United States and in every true Federation in the world, whether
Monarchical or Republican, whether self-contained, like the United
States, Germany, and Switzerland, or linked, as in the British Empire,
to a supreme and sovereign Government centred in London. Each Province,
as in every genuine Federation, is an _imperium in imperio_, possessing
a Constitution of its own, and delegating central powers to a Federal
Government. The nature and extent of the powers thus delegated or
reserved, and the character of the Federal Constitution itself, vary
widely in different Federations, but we need not consider these
differences in any detail. Let us remark generally, however, that the
powers of the Canadian Province are much smaller than those of the
American State, and that what lawyers call "the residuary powers"--that
is, all powers not specifically allotted--belong to the Dominion,
whereas in the United States and Switzerland they belong to the State or
Canton.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account